Detailed Answer
Many Pennsylvania estates are settled without a full probate when the decedent left limited assets and when applicable institutions (banks, brokerages, or other holders) will release property on a small‑estate or collection affidavit. There is no single, uniform “small estate affidavit” form used everywhere in Pennsylvania—institutions and counties vary—so the first step is to confirm whether the affidavit you plan to use is accepted by the bank, brokerage, or other holder and whether your county’s Orphans’ Court has any local requirements.
What the affidavit is for
A small‑estate affidavit is a sworn statement used to collect or transfer certain assets of a decedent without opening formal probate or administration. It typically asks you to list the decedent’s assets (and sometimes liabilities) so the holder can decide whether to release funds or property to the person presenting the affidavit.
Which assets you should list
List any asset in which the decedent held a sole ownership interest at death and which the institution might reasonably expect to collect or transfer using the affidavit. Common assets to list include:
- Bank accounts standing in the decedent’s name alone (checking, savings).
- Cash on hand and safe‑deposit contents (if the holder has a key and will release contents).
- Brokerage or investment accounts owned solely by the decedent (unless payable‑on‑death (POD) or transfer‑on‑death (TOD) beneficiary is named).
- Certificates of deposit or money market accounts owned solely by the decedent.
- Motor vehicle titled only in the decedent’s name (many DMVs allow a simplified transfer process or affidavit for lower‑value vehicles).
- Personal property (furniture, jewelry, household goods) if the holder requires an inventory.
Assets you normally do NOT list as estate assets (or that should be identified differently)
Certain property commonly passes outside the probate estate and therefore is usually not collectible through a small‑estate affidavit. Rather than leaving these blank or putting zero, identify them and explain why they’re excluded:
- Jointly owned property with right of survivorship (joint bank accounts, jointly titled real estate). Note the joint owner’s name and the fact of joint ownership; the joint owner typically becomes sole owner automatically.
- Accounts with beneficiary designations (POD, TOD, life insurance, annuities, and retirement accounts such as IRAs or 401(k)s). These generally pass to the named beneficiary and are not estate assets—list them and note the beneficiary or write “passes to named beneficiary.”
- Real estate held only in the decedent’s name. Real property is often NOT transferable by a typical small‑estate affidavit because mortgages and title issues can complicate transfer; most counties or title companies require formal probate or a separate process. Indicate the property on the affidavit only if the institution accepting the affidavit expressly permits it.
- Assets subject to liens (mortgages, secured loans). If you list them, also list the lien holder and approximate lien amount. Many institutions will not release equity with outstanding liens via affidavit.
When to put “$0” or leave a field blank
Follow the form’s instructions. When the affidavit asks for the decedent’s assets by category, use these principles:
- If a category doesn’t apply, write “None” or “$0.” This eliminates ambiguity and shows you considered that category.
- Do not leave fields blank unless the form specifically allows blanks. A blank field can suggest oversight and may cause the holder to reject the affidavit.
- If the decedent had an asset but you had no reliable valuation, give a reasonable estimate and mark it as an estimate (for example, “approx. $1,200”).
- If an asset exists but passes outside the estate (e.g., life insurance with named beneficiary), list it but put “Not estate property—passes to beneficiary” rather than $0, so the institution understands the status.
Hypothetical examples
Example 1 — Small bank accounts only: Decedent had one checking account in their name with $8,500 and a modest savings account with $2,000. No real estate, no beneficiaries named on accounts, no joint accounts. List both bank accounts with their balances and attach recent statements. Do not leave the savings line blank—write the balance or “$0” if it has zero balance.
Example 2 — Life insurance and joint checking: Decedent had a $100,000 life insurance policy with a named beneficiary, plus a joint checking account with spouse showing $3,200. On the affidavit, list the life insurance but note “passes to named beneficiary — not estate property.” For the joint checking, indicate joint ownership and the joint owner’s name rather than claiming it as estate property.
Example 3 — Real estate: Decedent owned a house in their name and a $12,000 bank account. Many institutions and title companies will not transfer real property by small‑estate affidavit. List the bank account and, for the house, either note it and add “not eligible for transfer via affidavit—contact Orphans’ Court/title company,” or omit the house only after confirming with the recipient that they don’t require it to be listed.
Practical checklist before submitting an affidavit
- Confirm the dollar threshold and form acceptance with the specific institution (banks often set their own limits, commonly in the $10,000–$50,000 range).
- Gather originals or certified copies of the decedent’s death certificate and recent account statements for each asset listed.
- Identify joint owners and beneficiaries and note them on the affidavit rather than claiming those assets as estate property.
- If you estimate values, label them clearly as estimates.
- If you’re unsure about real estate or assets with liens, consult the county Orphans’ Court or an attorney before listing them as estate assets.
Where to check Pennsylvania law and local rules
Pennsylvania’s statutes governing decedents’ estates appear in Title 20 of the Pennsylvania Consolidated Statutes (administration of estates). Because procedures and institutional policies vary, check the statute collection for background and contact the holder or the county Orphans’ Court to confirm whether a small‑estate affidavit will work in your situation: Title 20, Pennsylvania Consolidated Statutes. For practical guidance from the state court system, visit the Pennsylvania Courts site: Pennsylvania Courts.
When to get legal help
If you see any of the following, consult an attorney or the Orphans’ Court clerk before submitting an affidavit:
- Significant real estate or complicated title issues.
- Large accounts near or over institution thresholds.
- Multiple creditors, unresolved debts, or the possibility of contested beneficiary or heir claims.
- Unclear joint ownership language or accounts that appear to be jointly owned but functionally treated as individual accounts.
Helpful Hints
- Always write “None” or “$0” for a category that truly has no assets—don’t leave it blank.
- When in doubt, include the asset but explain why it’s not part of the estate (e.g., “POD to Jane Doe — not estate property”).
- Attach supporting documents (most institutions require recent statements and a certified death certificate).
- Double‑check each holder’s dollar threshold and specific form—banks and brokerages differ widely.
- For vehicles and titles, check the Pennsylvania Department of Transportation rules for simplified title transfer procedures.
- Keep copies of everything you submit and note the date you delivered the affidavit and to whom.
- If a bank refuses to accept the affidavit, ask in writing why and what documentation they require; sometimes a short supplemental affidavit or a notarized bank form will resolve the issue.
Disclaimer: I am not a lawyer. This article explains general information about Pennsylvania procedures for small‑estate or collection affidavits and is not legal advice. For advice about a specific situation, contact a licensed Pennsylvania attorney or the clerk of your county’s Orphans’ Court.